Term of Use

1. TERMS

These Terms of Use apply to your access to and use of the Site. BY USING OR ACCESSING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING YOUR COMPLIANCE WITH ANY APPLICABLE LOCAL LAWS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU SHALL NOT USE OR ACCESS THE SITE.

2. SITE OWNERSHIP AND INTELLECTUAL PROPERTY

The Site as well as its contents, features, functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), and all information, products, and services offered by us to you in connection with the Site (collectively, the “Content”) are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights pursuant to international conventions and applicable local laws, including U.S. and other laws. The Site and the Content are the property of us and/or the applicable third-party licensors, and all right, title, and interest in and to the Site and the Content will remain with us or such third-party licensors. Our logos, page headers, custom graphics, and other icons are service marks, trademarks, registered service marks, or registered trademarks of us. All other products, names, and company logos mentioned on the Site or in the Content are trademarks of their respective owners.

These Terms of Use permit you to use the Site exclusively for your personal and other non-commercial use. You do not acquire ownership rights to the Site or any Content. These Terms of Use do not grant you any right, title, interest, license (express or implied) to any patent, trademark, service mark, copyright, trade secret or other intellectual property right of the Company or the respective intellectual property owners.

3. FEEDBACK / USER CONTENT

If you provide us with comments, bug reports, feedback, or modifications proposed by you to us, about the Site or the Content (collectively, “Feedback”), we will have the right to use such Feedback at our discretion, including but not limited to incorporating such Feedback into the Site and the right to assign, license or otherwise use such Feedback. By submitting, uploading or transmitting any articles, survey or poll responses, curricula, posts, information, questions, suggestions, submissions or other materials (“User Content”) to the Site, you represent and warrant that you own or have all rights necessary to submit, upload or transmit such User Content, and you grant us the unrestricted license to use it for the intended purpose.

4. USE OF THE SITE

You may use our Sites only for lawful purposes. You may not use our Site: 

- in any way that breaches any applicable law or regulation; or

- in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; or

- to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam); or

- to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, spyware, adware or any other harmful programs or similar computer code designed to adversely affect or otherwise jeopardize the operation of any computer software or hardware or the Site.

You must not attempt to gain unauthorized access to the Site, the server on which our Site are stored, or any server, computer or database connected to the Site.

You also agree not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of these Terms of Use. This includes not to reproduce, redistribute, republish, duplicate, copy, display, sell, rent, sublicense, trade or resell any Content or other aspect of the Site for any commercial purpose (except for Content specifically and expressly made available for redistribution) without our prior written consent.

You are not permitted to remove any trademark or copyright notice on our Site or on photos or images displayed on our Site.

You are solely responsible for (and we have no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which you may suffer) of any such breach.

5. INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITE

Personal information we collect via the Site is subject to our Website Privacy Policy which is available on this Site. By using the Site, you consent to all actions taken by us with respect to your information in compliance with the Website Privacy Policy.

6. AVAILABILITY; REVISIONS; RELIANCE ON INFORMATION POSTED

The information presented on or through the Site, including the Content, is made available solely for general information purposes. We reserve the right to modify or discontinue the Site at any time with or without notice to you. We do not guarantee continuous, uninterrupted or secure access to the Site. The operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control or through acts of God.

We use reasonable efforts to update the information on the Site, and the Contents are subject to change without notice. However, we do not make any commitment to update the Site or the Content. The Content and the Site may include technical, typographical, or photographic errors.

We do not warrant the accuracy, completeness, or usefulness of the Site or the Content. The details of products, descriptions or specifications displayed on this Site are non-binding and provided for reference only. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site.

If you have questions about the information presented on the Site, please contact us using the information provided in “Contact Information” at the end of these Terms of Use.

7. LINKING TO THE SITE 

You may link to the Site’s homepage, provided you do so in a way that is fair and legal; but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. 

8. LINKS FROM THE SITE; THIRD-PARTIES

This Site may contain links to other Internet sites. Your use of those sites is subject to the terms of use, if any, that each of those sites have posted. We have not reviewed all the sites linked to the Site, and we are not responsible and liable for any changes to or content on them. Our inclusion of any content is not an endorsement of that material or linked site or the companies that own or operate the material or linked sites.

This Site may also include content provided by third parties. All statements and/or opinions expressed in these materials, and all content other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

9. NO WARRANTIES / NO LIABILITY

(a) THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM AND EXCLUDE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS, INCLUDING FINTNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY TO THE BROADEST EXTENT PERMITTED BY LAW.

(b) IN PARTICULAR, WE MAKE NO WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, (I) AS TO THE TIMELINESS, ACCURACCY, QUALITY, COMPLETENESS OR EXISTENCE OF THE CONTENT, INFORMATION AND PRODUCT DETAILS POSTED IN THIS SITE; (II) AS TO THE TECHNICAL ACCESSABILITY, FITNESS OR FLAWNESSNESS OF THE SITE, AND/OR (III) THAT YOUR USE OF CONTENT AND INFORMATION POSTED ON THE SITE WILL NOT INFRINGE RIGHTS OF THIRD PARTIES. 

(c) TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, RANSOMWARE, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON IT, OR ON ANY SITE LINKED TO IT.

(d) IN NO EVENT WILL WE BE LIABLEFOR ANY DAMAGES DUE OR IN CONNECTION WITH ACCESSING OR MAKING USE OF THE SITE, INCLUDING: (A) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (B) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (C) LOSS OF GOODWILL OR REPUTATION; (D) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (E) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE.

(e) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

10. GOVERNING LAW AND VENUE

All matters relating to the Site, the Content, or these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws applicable at the Franke registered place of business (see Section Contact Information, below) without giving effect to any choice or conflict of law provision or rule.

The ordinary civil courts at the legal domicile of the Franke entity shown in Section Contact Information, below shall have exclusive jurisdiction over all disputes arising in connection with these Terms of Use, and the place of performance of these Terms of Use is agreed by you to be the legal domicile of the Franke entity shown in Section Contract Information, below.

11. CONSEQUENCES OF BREACH

If we become aware that you have violated these Website Terms of Use, we may immediately take corrective action, including preventing you from using the Site and services offered and removing any information, data and content put on the Sites by you, at any moment and without notice. If we have suffered damage(s) by your violation we may, in our sole discretion, seek to recover damages from you.

12. TERMS OF USE MAY CHANGE

We may modify these Terms of Use from time to time in our sole discretion. Any changes to these Terms of Use will be in effect as of the “Last Updated” date referenced at the top of these Terms of Use. Your continued use of the Site constitutes your binding acceptance to these Terms of Use, including any changes or modifications that we may make. If any part of these Terms or any future changes to these Terms are not acceptable to you, you must not use or access the Site.

13. CONTACT INFORMATION

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to the respective Franke company published in the imprint of the website, click here, or you may contact us through any provided Contact Form on our Site.  

Last Updated: September 1, 2022